Do I have a claim?

[pollyjohnson]

During the storms in January a roof blew off one of Biffa Waste's buildings and landed on my new caravan which was in storeage. My insurance company say that I am not covered for accidental damage but only fire and theft. I contacted Biffa with photographs of the totally destroyed caravan and they put me onto their loss adjusters Cinningham Lyndsey who inform me that I do not have a claim due to it being an act of god. What should I do now? Are they right? My caravan cost me £12000 less than a year ago.

Polly

[Jaynekul]

Have you got legal expenses cover on any policy? If so get them to instruct Sols straightaway they are trying it on

[pollyjohnson]

I dont have legal expense cover. Should I seek legal advice?

[Jaynekul]

Yes which area do you live in

[pollyjohnson]

I live on the Wirral Merseyside

[craigwalton]

I am not so sure that you do have a valid claim. It would really depend on the condition of the roof before the damage.

If the roof was relatively new, or in a good state of repair, then this can be classed as an "Act of God".

However, if the roof is shabby then you will have a valid claim. Take photos of the roof, and it might be best asking Cunningham Lindsey if they have records of the roof maintenance - They wont divulge them to you, but this will see how strong their stance is.

If it is a strong stance have you looked at the contract of your storage company?

[Darkangelsdelite]

Contents cover in storage from a general insurer is really limited, its usually only things like theft by forced entry and fire that are covered so i'm not supprised your insurer has turned down the claim. I would have thought that Biffa would have some sort of third party liability cover to deal with this situation although as craig said, it would all hinge on whether you could prove they were negligent (i.e they knew the roof needed repairing it but did nothing) if not, then you might not be able to claim from them without going down the legal action route.

[pollyjohnson]

Thanks Craig Jayne and Angel for your advice. I think I will visit a solicitor and get them to fight Biffa for me.
The storeage ficility were the caravan is kept is a within a caravan sales shop and the owners of that have a claim against Biffa for the same freak windy day so they should settle mine also.